BILL NUMBER: SB 1795	CHAPTERED  09/27/00

	CHAPTER   753
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 26, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 28, 2000
	AMENDED IN ASSEMBLY   JUNE 13, 2000

INTRODUCED BY   Senator Alpert and Assembly Member Firebaugh

                        FEBRUARY 23, 2000

   An act to amend Section 17009.5 of, and to add Section 17052 to,
the Education Code, relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1795, Alpert.  School facilities:  joint-use project.
   Existing law, the Leroy F. Greene School Facilities Act of 1998,
(hereafter the Greene Act of 1998) establishes a program in which the
State Allocation Board is required to provide state per-pupil
funding, including hardship funding, for new school facilities
construction and school facilities modernization to applicant school
districts.  Existing law requires the State Allocation Board to
apportion funds only upon compliance with prescribed requirements
relating to seismic safety approvals and with certification of the
availability of local matching funds.  Pursuant to existing law, on
and after November 4, 1998, the board may only approve and fund
school facilities projects under the Greene Act of 1998.
   This bill would, notwithstanding these provisions, authorize the
board to fund joint-use projects to construct libraries, multipurpose
rooms, and gymnasiums if certain conditions are met and would
authorize the board to adopt related funding priority regulations.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17009.5 of the Education Code is amended to
read:
   17009.5.  (a) Except as set forth in Section 17052, on and after
November 4, 1998, the board shall only approve and fund school
facilities construction projects pursuant to Chapter 12.5 (commencing
with Section 17070.10).
   (b) A school district with a first priority project that has
received a construction approval by the Department of General
Services, Division of the State Architect, or a joint-use project
approval by the board, prior to November 4, 1998, for growth or
modernization pursuant to this chapter shall receive funding pursuant
to this chapter for all unfunded approved project costs as it would
have received under this chapter, and the increased capacity assigned
to the project shall be included in calculating the district's
capacity pursuant to Chapter 12.5 (commencing with Section 17070.10).
  Funds received for projects described in this subdivision shall
constitute the state's final and full contribution to these projects.
  The board shall not consider additional project funding except when
otherwise authorized under Chapter 12.5 (commencing with Section
17070.10).
   (c) A school district with a second priority project that has
received a construction approval by the Department of General
Services, Division of the State Architect prior to November 4, 1998,
for growth or modernization pursuant to this chapter shall elect to
do either of the following:
   (1) Withdraw the application under this chapter, submit an initial
report and application pursuant to Chapter 12.5 (commencing with
Section 17070.10), and receive per pupil allocations as set forth in
Chapter 12.5 (commencing with Section 17070.10).  If the district
withdraws the application, any funds previously allocated under this
chapter for the project shall be offset from the first grant to the
district under Chapter 12.5 (commencing with Section 17070.10).
   (2) Convert the second priority project approved under this
chapter to a first priority status and receive funds in accordance
with this chapter.
   (d) Notwithstanding priorities established pursuant to Chapter
12.5 (commencing with Section 17070.10), projects authorized for
funding as set forth in this section shall be funded by the board
pursuant to this chapter prior to funding other projects pursuant to
Chapter 12.5 (commencing with Section 17070.10).
   (e) For purposes of funding priority for modernization grants
under Chapter 12.5 (commencing with Section 17070.10), a district
that applies under subdivision (b) or paragraph (1) of subdivision
(c) shall retain its original project approval date.
   (f) Notwithstanding Section 17017.1, West Contra Costa Unified
School District shall be eligible for state facilities funds
beginning November 4, 1998.
   (g) The State Allocation Board shall adopt regulations to ensure
that an appropriate offset is made from funds approved pursuant to
this chapter, for funds awarded to school districts pursuant to
Chapter 12 (commencing with Section 17000) prior to November 4, 1998.

  SEC. 2.  Section 17052 is added to the Education Code, to read:
   17052.  (a) Notwithstanding any other provision of law, the State
Allocation Board may fund joint-use projects to construct libraries,
multipurpose rooms, and gymnasiums, on school campuses where these
facilities are used jointly for both school and community purposes.
   (b) A school district may apply to the State Allocation Board for
funding under this section if it meets all of the following
requirements:
   (1) The school does not have the type of facility for which it
seeks funding.
   (2) The school district agrees to provide local matching funds for
50 percent of the eligible cost of the facility as set forth in
subdivision (c), and 100 percent local or joint-use funding for all
costs that exceed that standard, as required by subdivision (d).
   (3) The school district has obtained approval of the plans for the
facility from the Division of the State Architect and the State
Department of Education.
   (4) The school district has entered into a joint-use agreement
with its joint-use partner that specifies the method for sharing
capital and operating costs, specifies relative responsibilities for
the operation and staffing of the facility, and specifies the manner
in which the safety of school pupils will be maintained during school
hours.
   (5) The school district demonstrates that the facility will be
used to the maximum extent possible for school and community purposes
after regular school hours.
   (c) The State Allocation Board shall establish standards for the
amount of funding to be made available for each project under this
section.  The funding standards may be expressed as per-square-foot
cost limits or per-pupil cost limits or both.
   (d) Notwithstanding any other provision of this chapter, project
costs may exceed the board's standards set forth in subdivision (c)
if the excess is paid completely by local or joint-use partnership
sources.
   (e) On July 1 of each year the board shall apportion to qualifying
applicant school districts those funds that it determines are
available for the purposes of this section.
   (f) The board may establish priority standards to govern the order
of funding projects.  If applications exceed available funding, the
board shall give priority to applications where the size of the
project is increased by at least 30 percent beyond minimum essential
facilities through the use of additional funding from a joint-use
partner.
